Hyperlawhypertext legal database Fine v. Lyons 141 N.Y.S. 295

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Fine v. Lyons

141 N.Y.S. 295 Court Argued April term, 1913, before GUY, GERARD, and PAGE, JJ. Decision date 1913-04-16 English

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p. 295
FINE v. LYONS.
(Supreme Court, Appellate Term, First Department.
April 16, 1913.)

Headnote

Attachment (§ 122*)—Proceedings—Additional Papers.
An application to be allowed to file additional papers in an attachment proceeding was properly denied, where the attachment must be vacated for defects upon which such additional papers would have no bearing.
[Ed. Note.—For other cases, see Attachment, Cent. Dig. §§ 323-337; Dec. Dig. § 122.[1] ]
Appeal from City Court of New York, Trial Term.
Action by Samuel Fine against Mary Lyons. From a portion of .an order of the City Court of the City of New York, denying plaintiff’s application to be allowed to file additional papers, he appeals. Affirmed.
See, also, 141 N. Y. Supp. 294 .
Argued April term, 1913, before GUY, GERARD, and PAGE, JJ.
p. 296
George W. Glaze, of New York City, for appellant.
Alexander & Green, of New York City (R. Hunter McQuistion, of New York City, of counsel), for respondent.

Having determined that the attachment must be vacated for defects upon which the additional papers that were sought to be filed would have no bearing, in Fine v. Lyons, 141 N. Y. Supp. 294 , decided herewith, this order will be affirmed, without costs, but with disbursements to the respondent.